Your Guide To
Juvenile Court
“What is going to happen to me?”
Juvenile Defender Unit
Public Defender’s Office
Luzerne County
Penn Place Building. Suite 236
20 N. Pennsylvania Ave
Wilkes-Barre, PA 18701
570-830-5116
What Do I do
My Lawyer’s Name: __________________________________
My Lawyer’s Phone Number: __________________________
My Next Court Date:__________________________________
For What:__________________________________________
Where Court Is:_____________________________________
My Probation Officer’s Name:__________________________
Contact:
The Juvenile Defender Unit
Public Defender’s Office
570-830-5116
DISCLAIMER: This Guide is no substitute for in-person legal advice, but it
does give you the basics about your rights and responsibilities in the Juvenile
Court System. Always talk with a Lawyer for advice about your legal problems
and options.
Contents
Juvenile Court Is A Serious Matter - Why You Are Here . . . . 1
Who’s Who In Juvenile Court . . . . . . . . . . . . . . . . . . . . . . . . . 2
What Happens Next . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Advice From Your Lawyers . . . . . . . . . . . . . . . . . . . . . . . . . .
9
Juvenile Court System Survival Tips . . . . . . . . . . . . . . . . . . . 10
Tips For Going To Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Remember You Do Have Rights . . . . . . . . . . . . . . . . . . . . . .
12
Dealing With The Police - Important Things To Know . . . . . . 13
An Adjudication of Delinquency . .. . . . . . . . . . . . . . . . . . . . . . 15
Moving Forward . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Questions For My Lawyer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Emergency Contacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Acknowledgements
Linda Lori - Graphic Design
Liz Ball - Original Editing
20
Why?
Juvenile Court Is A Serious Matter
Think It Is No Big Deal? Maybe your friends told you that you have nothing to
worry about? Well, think again. JUVENILE COURT IS A BIG DEAL!
What happens here may affect you for the rest of your life.
Why You Are Here
You are here because the Police say you
broke the law by committing a criminal act. In
Juvenile Court this is called a:
“Delinquent Act”.
You probably got a paper in the mail called a “Written Allegation”
which tells you the delinquent act the police believe you committed and
why they believe you committed it. You can enter the Juvenile Court
System for any “delinquent act” the police say you committed between
the ages of 10 through 18.
Why You Need A Lawyer
If You Trust Anyone, Trust Us, Your Lawyers.
We can help you understand the
Juvenile Court System.
“Don’t be afraid, for although we are older than you,
we were kids once too.”
We Will Not Judge You.
We Are Here To Help You.
1
Who’s Who
In Juvenile Court
Your Lawyer
( “ASSISTANT PUBLIC DEFENDER” OR “DEFENSE ATTORNEY” )
We are your Lawyers. We work for you, not your parents, the police or the
probation office. We will help you during court hearings and speak to the
Judge for you. Don’t worry that you cannot pay for a Lawyer. The Court
must give you a lawyer free of charge.
The Judge
The Judge will decide if you broke the law. If the Judge decides you broke
the law, he or she will decide what happens to you next.
The Juvenile Probation Officer
This person works for the Court and recommends whether you should stay in
a detention facility or go home, recommends a disposition plan to the Judge,
recommends services for you and watches you if you are placed on Court
Supervision. (Probation)
Assistant District Attorney
( “ PROSECUTOR” ) This is the State’s Attorney that represents the people
of Pennsylvania. He or she will try to prove that you broke the law.
The Police
It’s the Police Officer’s job to protect the public and catch people who break
the law.
2
What Happens Next
Detention Hearing
If you are arrested and put into a Juvenile Detention Facility, you will be held
there until your Court hearing, which must take place within 72 hours. If this
happens, either you or your family should contact this office as soon as
possible. If you are not put into a Juvenile Detention Facility, then your first
experience with the Court will involve meeting with a Juvenile Probation
Officer at a Probation Intake Interview.
Probation Intake Interview
This is the first step in the Juvenile system where you, together with your
Lawyer and your parents, will meet with a Juvenile Probation Officer who is
hired by the Court to decide how to handle your case. At this meeting, the
Juvenile Probation Officer will ask you a lot of questions about your school,
family, friends, hobbies and the ”Written Allegation.”
Just remember to answer all
of the Probation Officer’s
questions truthfully. At the
end of the meeting, the
Juvenile Probation Officer will
decide whether to have you
go before a Judge or have
you instead follow certain
rules.
3
What Happens Next
Informal Adjustment
This is a way of dealing with your case without going before a Judge.
The Juvenile Probation officer can require you to undergo counseling or follow
other rules which the Juvenile Probation Officer believes are important for you
to follow so that you don’t get into trouble again. Some of the rules you may
have to follow are: Not Skipping School, Drug Testing, Nightly Curfews,
Community Service, Meeting With Your Probation Officer and most
importantly, Staying Out Of Trouble.
Follow The Rules And The Charges Will Not Be Formally Filed.
Delinquency Petition
If you are not given an Informal Adjustment by the Juvenile Probation
Officer or put into another diversionary program, such as Youth Aid Panel, a
Delinquency Petition will be filed in the Luzerne County Clerk of Courts Office
and you will be scheduled for Court. If this happens, you will go before the
Juvenile Court Judge.
Your Lawyer Will Stand Next To You And Will Protect Your Rights.
Consent Decree
You appear before the Judge and he or she temporarily stops the Court
case against you. The Judge can place you under the supervision of your
parents and require you to follow certain rules, much like an Informal
Adjustment. The Assistant District Attorney must agree to a Consent
Decree. Follow the rules, behave and any charges filed against you will not
be prosecuted.
If You Don’t Behave, The Assistant District Attorney Will Bring The
Charges Back.
4
Adjudication Hearing - Trial By Judge
You Do Not Have The Right To A Jury Trial
In Juvenile Court.
ONLY THE JUDGE CAN HEAR YOUR CASE
AND DECIDE IF YOU BROKE THE LAW.
If you want to fight the charges, you can ask for a Trial by Judge. During
a Trial, the Assistant District Attorney must prove that you broke the law
beyond a reasonable doubt. He or she will have the Police Officer and other
people, who saw or know something about what happened, tell the Judge
what they know.
You can ask these people questions, bring your own
witnesses and can even tell the Judge your story.
Your Lawyer’s job is to show that the Assistant District Attorney did not
prove that you broke the law.
The Judge will then decide if you should be “Adjudicated Delinquent.”
which means that you broke the law and need treatment, rehabilitation or
supervision. If he or she finds that you did not break the law, then your case
is over.
If the Judge decides that you broke the law and need treatment, rehabilitation
or supervision, then you will be “Adjudicated Delinquent” and come back to
Court for a Disposition Hearing at which time the Judge will decide what will
happen to you.
5
Admission
You can also decide not to fight the charges and make an admission to
some or all of the charges against you. Your Lawyer’s job is to work to get
you the best deal that the Assistant District Attorney will agree to. If you make
an admission and are Adjudicated Delinquent, you are given a Disposition
Hearing, when the Judge will decide what should happen to you.
Disposition Hearing
At this hearing, the Judge will review a brief report from the Juvenile
Probation Intake Officer, may look at your school and other records, and can
hear from the victim, your teachers, parents, the police and others before
making a decision on handling your case.
THE JUDGE CAN ORDER YOU TO DO A NUMBER OF THINGS,
SUCH AS:
Pay Restitution
Get Treatment
Do Community Service
Probation
Residential Placement
The Judge makes these decisions about you because he
cares about you and wants you to learn that:
Your actions hurt people and you are responsible for that hurt
Everyone wants you to do good in school and grow up to be a leader
Because of what you did, people may be afraid of you, and these decisions are made so that people may feel safe
6
Pay Restitution
If you hurt someone or damaged their property (house, car, etc.), the Judge
can make you and your parents pay the person’s medical bills and replace or
fix any damage that you caused.
Community Service
You can be required to do volunteer work in the Community such as working
in a soup kitchen or picking up garbage on the sidewalks. You can also do
community service to help pay “Restitution.”
Get Treatment
If the Judge believes that you got into trouble because you are using drugs or
alcohol or that you have other problems (such as following rules), he can
make you go into a treatment program and even make your parents go to
counseling with you.
Probation
You will live at home but will have to follow certain rules, called: “Conditions
of Probation.” Some of the Conditions of Probation that you can be required
to follow are: being tested for drugs and alcohol, attending school, writing a
sincere letter of apology and attending counseling. Your Juvenile Probation
Officer will help you follow the rules, but he or she may report it to the Judge if
you break the rules (called a Violation of Probation). You can be supervised
on probation up to your 21st birthday.
7
Placement
You can be forced to stay in a private or State Operated Juvenile Residential
Placement Facility for up to 4 years and even up to your 21st birthday if the
Judge decides that you cannot behave yourself.
Every six months, the Judge must consider his or her decision of placing you
in a Juvenile Residential Placement Facility. Your parents can also be
ordered to help pay for the costs of your placement.
Appeal
You have a right to appeal any final decision of the Court. Talk to your
Lawyer about your rights.
Expungement
Your Juvenile record doesn’t automatically disappear when you turn 18. You
must file a “Petition for Expungement” with the Court to get your record destroyed. Ask your Lawyer to file this for you.
Remember, As Your Lawyers, We
Are Here To Help You.
Talk To Us.
8
Advice From
Your Lawyers
Be Honest And Open With Us
You have a right to a Lawyer and being honest and open helps us to do our
job. We are not judgmental. We will not judge you. We are here to help you.
Use Caution When Talking
To People In The System
Whatever you say or do around a Police Officer or a Probation Officer is NOT
CONFIDENTIAL and can come up in Court. Be careful of what you say.
Think Before You Speak.
Ask Us Questions
It is our job to help you understand the process. This is serious stuff and
even if you think it is a dumb question, remember that there are no dumb
questions.
Stay In Touch With Us
Always return our phone calls. Call us or our secretary and we will always get
back to you. Always come to your scheduled office appointments. If we send
you a letter to meet with us, this means we have something important to
discuss with you and we need to talk.
FOLLOWING YOUR LAWYERS ADVICE IS OF THE UTMOST
IMPORTANCE!
The Juvenile Court System Is Not To Be Taken Lightly! If you are
adjudicated delinquent, you can be sent away to placement
regardless of the nature of the charges.
9
Juvenile Court
System Survival Tips
Bring A Parent Guardian Or
Another Responsible Adult With
You To Every Proceeding
THIS IS REALLY IMPORTANT! If you have a responsible adult with you at
every stage, you’re more likely to stay at home (not be detained or sent away
to placement), during and after your case.
Start Building A Good Record NOW
STAY OUT OF TROUBLE! Go to school. Go to your Court dates and your
other appointments on time. Don’t smoke, use drugs or drink alcohol. Listen
to and obey your parents and teachers. People will be checking up on you.
Your behavior during this time can matter as much as anything you have
done in the past. Ask friends, teachers, neighbors and family to write letters
about your good qualities and give them to your Lawyer to use to help you.
Show that You Take The Process Seriously
TREAT EVERYONE WITH RESPECT. Be polite. Wear nice clothes. The
Probation Officer, the Assistant District Attorney and the Judge will notice
these things when they are making decisions about your case.
Take Advantage Of The Programs And
Services In The Juvenile System
THIS WILL HELP SHOW THE JUDGE THAT YOU ARE TRYING TO STAY
OUT OF TROUBLE. If you are doing well in a program or have completed a
program, ask them for a letter and give it to your lawyer to help you.
10
Important Tips
For Going To Court
Show Up For Your Court Hearing
EXCUSES DON’T WORK. If you miss your Court Hearing, a Warrant can be
issued and you can be held in a Juvenile Detention Facility.
Be Alert
DON’T USE ALCOHOL OR DRUGS. Get enough sleep the night before.
Don’t come to Court on an empty stomach. Court may last longer than you
expected.
Show Respect
SHOW RESPECT FOR THE JUDGE, POLICE, PROBATION OFFICERS,
LAWYERS AND WITNESSES. Fooling around, laughing and not paying attention in Court will only make things worse for you.
Dress Nice
WEAR YOUR GOOD CLOTHES AND BE NEAT AND CLEAN. Collared
shirts for boys and tasteful clothes for girls are appropriate for Court.
Don’t Talk To Anyone In Court Except Your
Lawyer And The Judge
REMEMBER, YOUR LAWYER REPRESENTS YOU AND WILL WORK TO
GET YOU THE BEST POSSIBLE RESULT. Your Lawyer works for you first
and foremost, not your parents, friends nor anyone else in the Court System.
Trust Your Lawyers And Listen To Their Advice.
11
Remember
You Do Have Rights
“Hey Dude, I got busted by the police the
other night at a party at my girlfriend’s
house. The police raided the party and
everyone started running. I got caught with
a cup in my hand and a police officer asked
me what was in it. I was scared and didn’t
know what to say. Then they asked me for
my I. D.. My friend, who was wasted told
me I didn’t have to give it. So, I didn’t and
the next thing I knew, the police officer put
me in handcuffs and took me to the police
station. And I didn’t do anything wrong.”
Sound Familiar?
“We are sure this and things like it happen all of the time.”
Knowing Your Rights may help you if you get arrested and are
charged with a “Delinquent Act.”
WARNING: Knowing your rights does not mean that you
can break the law or give the police, your teachers or your
parents a hard time. Yelling, cursing or just being loud will
only make things worse for you.
12
Dealing With
The Police
Important Things To Know
Stay Calm
Any time a Police Officer asks for your I. D. or your name and address,
answer them politely and cooperate in giving it.
Should I Talk to The Police?
If a Police Officer asks you a lot of questions and you are not free to leave or
says that your are under arrest, you have a right to “not” answer any of
his or her questions. If you don’t know whether it’s okay for you to leave,
ask the Police Officer. If the Officer says “Yes” then you may leave. If the
Officer says “No” or anything other than “Yes.” DO NOT RESIST, ARGUE
OR BE SMART.
Be courteous but you should NOT answer any questions.
Ask For A Lawyer
Anytime the police say that you cannot leave or put you under arrest or
anytime you appear in Court when charged with a Delinquent Act, politely
say, “I want a Lawyer.” Don’t worry that you cannot pay for one.
The Court Must Give You A Lawyer Free Of Charge.
Once you tell the Police that you want a Lawyer or
that you will not answer their questions,
THEY MUST STOP QUESTIONING YOU.
13
Dealing With
The Police
Important Things To Know
Keep Your Hands Out Of Your Pockets
If the Police stop you, DON’T EVER PUT YOUR HANDS IN YOUR
POCKETS. They may think you have a gun or drugs.
Do Not Resist Arrest
If the Police put you under arrest, NEVER RESIST, even if you think the
arrest was wrong.
Cooperate In A Traffic Stop
“SHOULD I LET THE POLICE SEARCH MY CAR?”
If the Police stop you while you are driving your car and ask you for your
driver’s license, registration and insurance cards, give it politely. Sometimes
the Police just make routine stops or may observe some minor motor vehicle
violation. If they ask for consent to search your car, remember you have
a right to, “Just Say No”. Refusing to give consent to a search of your
car will not get you in trouble. However, if they proceed to search your
car anyway, DO NOT TRY TO STOP THEM.
Have A Lawyer By Your Side
It is extremely important for you to have a Lawyer with you if you decide
to talk to the Police or a Probation Officer or appear in Court.
Remember, your Lawyer is there to help you and advise you to make sure
that your rights are protected and that you get the best possible outcome for
your case. Neither the Police nor the Court can find out anything you tell your
Lawyer without your permission.
14
An Adjudication
Of Delinquency
20 Things You Should Know
If you are adjudicated Delinquent, there are far
reaching consequences that can affect you for
the rest of your life.
1. Is Not An Adult Conviction But Is Often Treated Like One.
2. Can Affect Your Ability To Obtain Employment.
3. Can Affect Your Access To Public Housing.
4. Can Affect Your Ability To Enlist In The Military.
5. Can Result In The Suspension Of Your Driver’s License For Certain Drug,
Alcohol And Driving Offenses.
6. Can Result In Your Expulsion From School For Certain Offenses.
7. Can Result In You Having To Do Community Service And To Pay Fines,
Court Costs and Restitution.
8. Can Require You To Submit To A DNA Sample, If Found Delinquent Of
Felony And Some Misdemeanor Offenses.
9. Can Affect Your Immigration Status.
10. Can Affect Sentencing For A Criminal Conviction As An Adult.
15
An Adjudication
Of Delinquency
20 Things You Should Know
…continued
11. Can Prevent You From Carry A Firearm, If For Example, You Are A Junior
Hunter.
12. Can Affect Your Ability To Acquire Licenses for Certain Professions, Such
As Nursing.
13. May Require You To Register As A Sexual Offender If Adjudicated
Delinquent Of Certain Offenses.
14. Does Not Automatically Disappear On Your 18th Birthday.
15.May Be Expunged Five Years After Your Discharge From Court
Supervision If You Remain Crime Free.
16. May Be Expunged When You Turn 18 If The Commonwealth’s Attorney
Consents To The Expungement Petition.
17. Does Not Affect Your Ability To Vote Or Serve On A Jury When You Turn
18 Years Old.
18. Does Not Need To Be Reported On Many College Applications.
19. Does Not Bar Access To Federal Financial Aid For Higher Education.
20. Juvenile Hearings And Records Are Open To The Public In Cases
Involving Any 14 Year Old Who Is Charged With Or Found Delinquent Of Any
Felony And For Any 12 Or 13 Year Old Who Is Charged With Or Found
Delinquent Of Serious Offenses.
16
Moving Forward
The Ten Habits Of Successful Teens
tay
1. S
out
ro u
of t
ble
Stop and think about the consequences before you act. If it
seems like a bad thing to do, it
probably is.
.
2. Be a
leader.
Think for yourself. Don’t be a follower and follow your friend’s advice
without some serious thought.
h
3. C
oos
e
frien
r
u
yo
ise
ds w
Pick your friends for who they are
on the inside and not because
they look or seem “cool” on the
outside. If they put you down, they
are not your friends.
ly.
A good education can be your key to
success in life regardless of your
upbringing and financial situation.
Make this a priority in your life and
reap the rewards.
5. D
t
on’
do
d
s
ru g
or
k
drin
oh
alc
4. St
ay in
ol.
17
scho
ol
These are against the law.
Don’t end up with a serious
problem for the rest of your life.
Smoking cigarettes is dangerous
to your health and can be
extremely addictive. It is against
the law to purchase cigarettes if
you are under 18 yrs. Old.
Moving Forward
The Ten Habits Of Successful Teens
This includes your parents and teachers.
You can get ahead and accomplish more
in life by treating others with dignity and
respect.
se
fraid to
A
e
b
’t
7. Don Advice.
ek
Ask for advice from an adult that you
trust if you have a problem that you
can’t deal with on your own.
Think about the feelings of the person
you are about to hurt before you bully or
fight with them. Don’t put others down
to make yourself feel superior or
impress friends that you don’t need.
th.
the tru
l
l
e
T
.
9
6. A
lw
re s p a y s b e
ectf
ul to nice a
othe nd
rs .
8. Don’t p
ut others
d o wn .
Lying about even the smallest of
things can get you in trouble. Be
someone that others can trust.
Learn from the mistakes of the past.
Mistakes don’t define who you are. You
can have a great life ahead of you.
Plan for your future starting today.
18
10. Be th
e best yo
u can be
.
Questions
For Your Lawyer
Please use the space below to write down any questions
you may have for your lawyer.
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19
Where You
Can Get Help
Alcohol
? / Drug Abuse
Luzerne / Wyoming Co. Drug / Alcohol Program:
(570) 826-3035
Wyoming Valley Alcohol and Drug Services:
(570) 820-8888
Catholic Social Services:
(570) 824-5766
Serento Gardens, Hazleton:
(570) 455-9902
Mental Health Crisis Intervention
Children’s Service Center:
(570) 825-6425
Community Counseling:
(570) 552-6000
Northeast Counseling:
(570) 735-7590
Emergency Housing / Shelter
Bridge Housing (Women and Children):
(570) 826-9185
McAuley House:
(570) 779-2801
Youth Runway Services - Bridge Youth Services: Hazleton. (570) 455-1521
Educational Disability Concerns
Education Law Center:
(215) 238-6970
20
Juvenile defender Unit
Public Defender’s Office
.............................
Al Flora, Jr., Esquire - Chief Public Defender
Demetrius W. Fannick, Esquire - First Assistant Public Defender
Cheryl Sobeski - Reedy, esquire - Senior Staff Attorney
Ana mojtAhedi, esquire - Staff Attorney
Nicole thompson, esquire - Staff Attorney
Barbara Serino, M.S.W. - Social Worker
Kris Nardi, L.S.W - Social Worker
Barry Hosier - Deputy Chief Investigator
Carol Pilger-Dulaney - Legal Assistant
Luzerne County Public Defender’s Office
Juvenile Defender Unit
Penn Place Building - Suite 236
Wilkes-Barre, PA 18701
(570) 830-5116
FAX: (570) 825-1846
EMAIL:[email protected]
The Luzerne County Juvenile Defender Unit Hopes That This Information Will Be
Widely Disseminated. Please Credit Our Office When Copying Or Quoting.
Thank You.
**The photographs of juveniles are models**